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Holt v. Kirkegard

United States District Court, D. Montana, Billings Division

April 9, 2015

BARRY K. HOLT, Petitioner,
v.
LEROY KIRKEGARD; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents.

ORDER

SAM E. HADDON, District Judge.

On February 20, 2015, United States Magistrate Judge Carolyn S. Ostby entered Findings and Recommendation[1] in this matter. Petitioner filed objections on April 6, 2015.[2] The Court reviews de novo findings and recommendation to which objection is made. 28 U.S.C. ยง 636(b)(1).

Upon de novo review of the record, I find no clear error in Judge Ostby's Findings and Recommendation and adopt them in full.

ORDERED:

1. The petition[3] is DENIED on the merits.

2. The Clerk of Court is directed to enter a judgment of dismissal.

3. A certificate of appealability is DENIED. Any appeal would be taken in bad faith as there has been no showing of any denial of constitutional rights and no reason to encourage further proceedings.


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